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Home My WebLink AboutTR-7096Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 17, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Mark Baxter 5805 Main Bayview Rd. Southold, NY 11971 RE: 5805 MAIN BAYVlEW RD., SOUTHOLD SCTM#78-7-5.6 Dear Mr. Baxter: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., November 17, 2010: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit #7096 to reflect the revised footprint of the proposed single-family dwelling, as depicted on the survey prepared by Howard W. Young last revised June 4, 2010. This is not a determination from any other agency, Sincerely, JMD:lms N TEST HOLE DY · THIS PLOT PLAN DL=VI~LOP~D UTILIZiN6 AEI~IAL PHOTO~RAph~, CONVENTIONAL ~JRVI~IN6 TI---C.,HNI(~UE~ AND t'~.~d. OR, D DATA. AREA = 2.D,,6,64 ACI~ED UPLAND AIREA = I.ITSI AG~5 ~DIVI5ION - "HA~ B~R" FILED IN t~ OFFICE T~ CLE~ OF ~DFOI~ CO~ ON NOV. 14, 200& FI~ NO. 114~4 ~RTIQAL DA~: N.6.V. DA~ ~.5.L. Iq2q) ~l~S A~ ~E~NCE~TO MLH E~ Young & Young 400 Os~raader dve~'ae, Riv~rhead, New York 11901 631 - 727-2303 :R~$ CERTI ~ REQUIRED SUBMIT RE. OR R.A. ,AND I OF FOR FINAL APPROVAL. By The It,h Services. J----'~ Hours In Advance, 0 SEE'ATTACHED SPECIAL CONDITION o .4o.,, >/ iN~i~Ci'iON REO~IRI~) FOR SANITARY ~'Yb'T~! L~ATION \ 4o,, >o ! i' Ii / / i I I i B~tClNI~ ¢L=~TIPIGATFCN Young & Young 400 Os~ra~d~t' Ave~ze, Riv~rh~ad., N~ Y~k 11901 631--727-2303 Hml,~,rd 0. Yot~wg, £o.~u~ Stu'~eyor Robert C. T~ AreAitee~ HEALTH ~L=PARTH~NT U~ ~ EII. JlIJ21N~ ~IT DATA ~ BUIL.~II,~ ¢bxlvllT IDATA HAP F'~.;EPARED I"=~' 2010-0100 J Ol~; P,LAN AND/OR PLOT PLAN FIRST FLOOR HOUSE PLAN~, PUfa. NI,~HED ~,¥ C..LIENT GRADING PLAN A_ND/°R PLOT PLAN Young & Young 400 Os~wandew Ave~e, Riverhead, Ne~u York 11901 631 - 727-2303 Howard rf. Young, Lar~d $~r~or Thomas C. Wolp~ ~ofe~al ~ineer Rob~ C. T~t Architect Do~ E. Ada~, ~ofes~l Engi~ HEAJ.-TH DEPARTHENT gSE I"IARt( BAX R LOT 2 "MARK. BAXTER." Ab t~:2~j,¢'i~, To~nn oF 5ouf. holcl ~,u~folk C. ounf.~j, New 't' ock C. ount:~ Tox Mop mstr~ IOOO s~,u~, "/¢ B~k O-/ Lot 5.~' I F:%=t~l'41T E~URVE¥ ~ E~UIIJ21N~ 'F~I~VlIT'I~ATA A~El2' E~ILG'IN~ F~'I~MIT I2ATA ~AP 'PI~EPAI~EI2 .JJNE 04, 2010 MAY 05, 2010 ~ 24, ~:~EC.. 12, .2008, O~T. 6, rl~:~. Iq, AU~. NO. 2010-0100 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD APPLICATION FOR AN AMENDMENT TO A WE~i~ERMIT DATE ADDRESS 57.5 PROPERTY LOCATION TAX MAP NO. Signed By: Jill M. Doher~y. President James F. King, Vice-President Dave Becgen Bob Ghosio. Jr. John Bredemeyer P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: /a/~/~a /2; ,T,¢ MARK BAXTER requests an Amendment to Wetland Permit #7096 to reflect the revised footprint of the proposed single-family dwelling. Located: 5805 Main Bayview Rd., Southold SCTM#78-7.5.6 Type of area to be impacted: ~,~ltwater Wetland __Freshwater Wetland Sound __Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~d~hapt.275 Chapt. 111 other Type of Application: __ Wetland __Coastal Erosion ~AAmendment __Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: ~t~-~.King u/'J.Doherty __,~'redemeyer B.Ghosio, D. Dzenkowski other Form filled out in the field by J, lQ Mailed/Faxed to: Date: D. Bergen__ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Gho$io, Jr. Town Hall 53095 Rou~e 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631. 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE v/ Pre-construction, hay bale line 1st day of construction ¼ constructed ~/' Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES PERMIT NO. 7096 SCTM#78~7,5.6 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the TOwn Code Of the Town of Southold an~l in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 20.2009 in consideration of application fee in the sum of $250.00 paid by Mark Baxter and subject to the . Terms and ConditiOns as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits th follOwing: Wetland Permit to construct a single-family dwelllng with garage~ n~A and driVeway, with the condition gutters and drywells ' , sa.nitary syste · . are ~nstalled to conta~n the roof run-off in accordance with Chapter 236-Stormwater Management of the ToWn Co.de,a line of staked hay bales and silt fencing is installed along the limit of clearing, grading an/i~' ground disturbance area prior to all construction activities, and as depicted on the survey__ prepared by Howard W. Young, last dated April 24, 2009. ~IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corpprate Seal to be affixed, and these presents to be subscribed,by a majority of the said Board as of this date. Peggy Dicker.' - NAY TERMS AND CONDITIONS The Permittee, Mark Baxter, residing at 5805 Main Bayview Rd., Southold, NY, as part of the consideration for the issuance of the Permit does tmderstand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pUrsuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to mair!tain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the rempval and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee il required to provide evidence that a copy of this Trustee permit has been recorded with the Office of the Clerk of the County of Suffolk as a notice covenant and deed restriction ~o the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. ; That the said Board will be notified by the Permittee of the completion 0fthe Work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Jill M. Doherty, Vice-President Peggy A.~ Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 20, 2009 Mr. Mark Baxter 5805 Main Bayview Rd. Southold, NY 11971 RE: 5805 MAIN BAYVlEW RD., SOUTHOLD SCTM#78-7-5.6 Dear Mr. Baxter: The Board of Town Trustees took the following action during its regular meeting held on Wed., May 20, 2009 regarding the above matter: WHEREAS, Young & Young on behalf of MARK BAXTER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated December 1, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 5, 5.2, 6, 6.1, 6.3, 9, and 9.4 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the reduction of the size the footprint of the proposed dwelling, the elimination of the proposed swimming pool and the proposed catwalk, the installation of gutters and drywells to contain roof run-off in accordance with Chapter 236-Stormwater Management of the Town Code, the installation of a line of staked hay bales and silt fencing along the limit of cleating, grading and ground disturbance area prior to all construction activities, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 20, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the Standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management. Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of MARK BAXTER to construct a single-family dwelling with garage, sanitary system, and driveway, with the condition gutters and drywells are installed to contain the mol run-off in accordance with Chapter 236-Stormwater Management of the Town Code, a line of staked hay bales and silt fencing is installed along the limit of clearing, grading and ground disturbance area prior to all construction activities, and as depicted on the survey prepared by Howard W. Young, last dated April 24, 2009. Permit to construct and complete'project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, Board of Trustees JFK:lms James F. King, President Jill M. Doher~y, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold~ New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application dated ]ol. ! / ! (.I ~ has been reviewed by this Board at the regular meeting of ~-"/_,?J~')./O9 and your application has been approved pending the completion of the following items checked off below. __ Revised Plans for proposed project v/ Pre-Construction Hay Bale Line Inspection Fee ($50.00) __ 1st Day of Construction ($50.00) ~ Constructed ($50.00) ,~ Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the SouthoId Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: BY: James F. King, President Board of Trustees PI~'I~G BOARD MEMBER JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND October 17, 2006 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor, Main Rd. & Youngs Ave.) Southold, NY Telephone: 6~1 765-1938 Fax: 631 765-3136 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 Re: Proposed Standard Subdivision of Mark Baxter · Located n/o Main Bayview Road, 325' e/o Smith Drive South; in SOUthold SCTM#1000-78-7-5.3 and 5.4 Zoning District: R-40 Dear Mr. Baxter: The Southold Town Planning Board, at a meeting held on Monday, October 16, 2006, adopted the following resolutions: WHEREAS, this standard subdivision proposes to subdivide a §,78-acre parcel into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres, inclusive of the wetlands; and WHEREAS, an application for sketch approval was submitted on September 10, 2004; and WHEREAS, dudng the initial review of the application, the wetlands boundary was re- flagged by the Town Trustees and a 50'~wide non-disturbance buffer was delineated on the subdivision map; and WHEREAS, on May 6, 2005, the Southold Town Planning Board received a memorandum from the Town Trustees dated May 4, 2005 indicating that the subdivision map was satisfactorily revised to show the amended wetlands line and a 50'-wide non- disturbance buffer with the proposed structure to be outside of the Trustee's jurisdiction; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Howard Young, L.S. dated December 15, 2005 and last revised on December 22, 2005; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted a Negative Declaration for the project pursuant to SEQRA; and WHEREAS, on August 1, 2005, the Southold Town Planning Board received comments from the LWRP Coordinator; and Baxter Subdivision Page Two October 17, 2006 WHEREAS, on November 7, 2005, the Southold Town Planning Board granted conditional preliminary plat approval upon the map prepared Howard Young, L.S, dated September 23, 2005; and WHEREAS, on November 15. 2005, the applicant submitted eight (8) paper prints and five (5) mylars of the final plat, prepared by Howard W, Young, L.S. dated June '10, 2002 and last revised on November 14, 2005, each containing the Health Department stamp of approval; and WHEREAS, on January 26, 2006, the applicant submitted the application and fee for final plat approval; and WHEREAS, on January 30, 2006, the applicant submitted one (1) copy of recorded Declaration of Covenants and Restrictions as filed in the Office of the County Clerk; and WHEREAS, the final public hearing was held for this application on February 13, 2006 where a number of neighborhood residents objected to the proposal due to severe flooding problems on the subject property and their concerns that the wetlands line was inaccurately delineated; and WHEREAS, the opposition submitted photographs and written statements pertaining to their concerns about the potential for increased flooding problems by the creation of another building lot in a flood-prone area; and WHEREAS, due to the considerable amount of evidence submitted to Planning Board, the hearing remained open until July 10, 2006 in order to give the Board time to re-evaluate the site conditions and ask the New York State Department of Environmental Conservation, the Suffolk County Department of Health Services and the Southold Town Trustees to also re-evaluate the site conditions and the permits/approvals they issued for the project; and WHEREAS, on March 6, 2006, the applicant submitted the park and playground fee in the amount of $7000; and WHEREAS. April 24, 2006, the Southold Town Planning Board received a memorandum from the Town Trustees indicating that the parcel was re-inspected and that the wetlands line as shown on the final map is correct; and WHEREAS, in the Spring of 2006, representatives from the New York State Department of Environmental Conservation re-inspected the subject property and surrounding area, found no changes to the wetlands boundary and therefore validated the permit issued by the agency on March 26, 2003 (permit #1.-4738-03072/00001); and WHEREAS, on July 17, 2006, the Suffolk County Department of Health Services submitted a letter dated July 11, 2006 indicating that their approval for this project is valid based on the Town's SEQRA Determination, the issuance of a NYSDEC wetlands permit and the filing of a covenant to raise the grade of the site to accommodate the sanitary system; and Baxter Subdivision Page Three October 17, 2006 WHEREAS, in a letter dated July 11, 2006, the Suffolk County Department of Health Services indicated that the project, as proposed, complies with the requirements of the County's Sanitary Code; and WHEREAS, on September 12, 2006, the Engineer for the project submitted a letter dated September 11, 2006, indicating that the construction of a single-family residence would not exacerbate the flooding problem and therefore would not have any deleterious effects on the adjacent properties; and WHEREAS, the Southold Town Planning Board has considered the comments and evidence submitted by the neighboring property owners; and WHEREAS, the applicant has complied with Chapter 240, Subdivision of Land, of the Southold Town Code; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval upon the map prepared by Howard W. Young, L.S. dated June 10, 2002 and last revised on November 14, 2005, subject to the following conditions as per the LWRP Coastal Consistency Review: a. Submission an Affidavit which states that the applicant is fully aware that the parcel is located within the coastal barrier flood zone and that the Planning Board has advised the applicant of the risks associated with this designation and is requiring that the proposed structure constructed within this area be designed to withstand and avoid expected flooding to the greatest extent possible. b. Submission of additional Covenants and Restrictions which limits clearing on Lot 2 to 25,572 square feet and requires that the driveway be constructed of pervious materials. Upon fulfillment of the conditions, the Planning Board Chair is authorized to endorse the maps. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of map signing shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, ~oodhouse Chairperson cc: Town of Southold Board of Trustees Donald Wilder, Chain,nan Lauren Standish, Secrelary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (63 [) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 14, 2009, the following recommendation was made: Moved by Jack McGreevy, seconded by Don Wilder, it was RESOLVED to SUPPORT the Wetland Permit application of MARK BAXTER to construct a single-family dwelling, sanitary system, driveway, pool, deck, foot path and 4'X 82' open grate catwalk. Located: 5805 Main Bayview Rd., Southold. SCTM#78-7-5.6 The CAC Supports the application with the Condition the driveway is relocated in order to prevent removal of the large trees, and gutters and drywells are installed to contain run- off. The CAC also questions the height of the proposed catwalk. Vote of Council: Ayes: All Motion Carried James F, King. President Jill M. Doher~y. Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box I 179 Southold. NY 11971 Telephone (631 ) 765- [ 892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report MARK BAXTER requests a Wetland Permit to construct a single-family dwelling, sanitary system, driveway, pool, deck, foot path and 4'X 82' open grate catwalk. Located: Main Bayview Rd., Southold. SCTM#78-7-5.6 Type of area to be impacted: [~SCaltwater Wetland __Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: J~.Ghapt.275 __Chapt. 111 other Type of Application: ~'~'Wetland __Coastal Erosion __Amendment __Administrative__Emergency __Pre-Submission Violation Modifications: Conditions: Present Were: ~C~.King __J.Doherty __P.Dicker~on._,~_D_. Bergen~L'-EL'~Ghosio, D. Dzenkowski Mark Terry__other,..~-z~ ~ Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review- Photo No. 1 Mark Baxter at Bayview, T/O Southold, NY October 17, 2007 12:05pm Photo No. 2 Mark Baxter at Bayview, T/O Southold, NY October 17, 2007 12:06pm Photo No. 3 Mark Baxter at Bayview, T/O Southold, NY October 17, 2007 12:07pm Photo No. 1 Mark Baxter at Bayview, T/O Southold, NY December 28, 2007 11:03 am Photo No. 2 Mark Baxter at Bayview, T/O Southold, NY December 28, 2007 t 1:04 am Photo No. 3 Mark Baxter at Bayview, T/O Southold, NY December 28, 2007 11:04 am Photo No. 4 Mark Baxter at Bayview, T/O Southold, NY December 28, 2007 11:05 am MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OIo'Io'ICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD April 20, 2009 Mark Baxter 5805 Main Bayview Road Southold, New York 11971 Re: Mark Baxter Property SCTM# 1000-78-7-5.6 Dear Mr. Baxter: The Land Preservation Committee and Town Board reviewed your offer to sell the above mentioned property to the Town for preservation purposes. It is understood that the property is on the market for $475,000 and that you are willing to sell the property for something close to the asking price. The Land Preservation Committee and Town Board reviewed the property in regard to pumhasing it for open space purposes. Both the Committee and the Town Board believe that there are environmental and public benefits to preserving the property; however the Town does not feel that spending $475,000 to purchase it is cost effective or in the best interest of the Town. The Town Board would be willing to discuss a purchase of the property at a significantly reduced purchase price of approximately $60,000, assuming that this value is supported by an appraisal. Please contact me if you are interested in offering the property to the Town at the above-mentioned purchase price. Sincerely,~ ~ Melissa Spiro Land Preservation Coordinator cc: Southold Town Trustees Mailing Address: 1~O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFI NG AVENUE RIVERHEAD, NEW YORK March 18, 2009 TEL: (631) 369-8200 FA,'(: (631) 369-9080 E-mad: ckarles.cuddy@verizon.net SENT VIA FACSIMILE 765-6641 Board of Town Trustees Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Wetland Permit - Mark Baxter Premises: 5805 Main Bayview Road, Southold, New York Dear BoardMembers: I represent Mark Baxter whose application appeared on your calendar on this date for a wetland permit. Pursum~t to my discussion with Mr. Baxter, we request a postponement of this matter to your next scheduled meeting on April 22, 2009. During that time, we would appreciate the opportunity to meet and discuss revisions to the application and to determine if the proposed revisions respond to the concerns you previously expressed. Very truly yours, Charles R. Cuddy CRC:ms 03/i8/280g 17: 4G G31 ~080 PAGE 81 P.O. Box 1547 l~ivcrhca~l, NY 11901 CHARLES R. CUDDY ATTORNEY .AT LAW March 18, 2009 TEL: (631) 369-82~x3 lAX; (631) 369-g(B0 B-mai]; ~harles.~uddy~vev~zon .v et SENT VIA FACSIMTLE 7~$-6641 Board of Town Trustees Town Hall Annex Building 54375 Route 25 P.O. Box 1179 $outhold, NY 11971 Re: Wetland Permit = Mark Baxter //. ,'d "'- L;;' ff · P~mls~: S805 Main Ba~ Road, Sou~old, N~ York Dear BoardMemb~rs: I represent Mark Baxter whose application appeared on your cMend~r on this date for a wetland rrna'nit Pursuant to my discussion wihh Mr. Baxter, we request a postponement oft. his matter to your next scheduled meeting on April 22, 2009. During that time, we would appreciate the opportunity to meet and discuss revisions to thc application and to determine ffthe proposed revisions respond to the concerns you previously expressed. Very truly yours, Charles R. Cuddy L/ CRC:ms OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. [lox 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator - '. ) Scott A. Hilary, LWRP Coordinator Date: January 12, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for MARK BAXTER SCTM#78-7-5.6 Young & Young on behalf of MARK BAXTER requests a Wetland Permit to construct a single-family dwelling, sanitary system, driveway, pool, deck, foot path and 4'X 82' open grate catwalk. Located: 5805 Main Bayview Rd., Sonthold. SCTM#78-7-5.6 THE FOLLOWING SECTION ADDRESSES THE PROPOSED HOUSE AND SWIMMING POOL: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The setback from the wetland boundary to the proposed actions (single-family dwelling~ sanitary system and driveway) is less than 100 feet; a minimum setback distance of 100' from the wetland line is required pursuant to Chapter 275-3. Findings; purpose; iurisdiction; setbacks. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. [1] Residence: 100 feet. [2] Driveway: 50 feet. [3] Sanitary leaching pool (cesspool): 100 feet. [4] Septic tank: 75 feet. [5] Swimming pool and related structures: 50 feet. [6] Landscaping or gardening: 50 feet. [7] Placement ofC & D material: 100 feet. Further~ pumuant to § 275-6 the applicant must show all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed~ or in which structures are to be erected~ certified by a registered land surveyor or registered professional engineer~ licensed by the State of New York. § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11-2005 by L.L. No. 17-2005] (8) Such application shall be accompanied by a survey and topographical map, created no more than one year prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. The sanitary system as proposed will involve grade changes ~0the subiect parcel and construction of a permanent concrete water wall which may alter the existing storm water drainage patterns therefore redirecting storm water flow to the neighboring properties to the South~ South East and West. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing nonpoint pollution.. 2t. Minimize non-point pollution of coastal waters using the following approaches, which are presented in order of priority. 1. Avoid non-point pollution by limiting non-point sources. b. Avoid activities which would increase off-site stormwater runoff and transport of pollutants. c. Control and manage stormwater runoff to: · achieve no net increase of runoff where unimpaired stormwater runoff conditions exist e. Preserve natural hydrologic conditions. Pursuant to § 275-11 the applicant may be required to submit a drainage plan for the entire site detailing how all surface waters generated from impervious surfaces shall be kept onsite through infiltration or retention pursuant to § 275-11 as referenced below. § 275-11 Construction and °P~kti°n~r standards. ~r~h A. General. The following standards are required for all operations wit in the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to Upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 275-6A (14) for requirements. § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. If the Agency~ (Board of Trustees) makes a contrary determination of consistenc% the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. THE FOLLOWING SECTION ADDRESSES THE PROPOSED CATWALK: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed docking facility is INCONSISITENT with the following LWRP policies and policy standards: Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.3 Protect and restore tidal and freshwater wetlands. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The following impacts will result from the proposed docking facility if approved: 1) 2) 3) 4) Habitat fragmentation within a Critical Environmental Area. Prop dredging of the bottomland causing the suspension of sediments and contaminants within the surrounding water body. Impairment with the physical loss of wetland habitat. Prevent the growth of vegetated wetlands. Th~n Goose Creek a Criti_cal En.~xvir~tal Area nominated ~ S~tical Environmental Areas ~1~-2 Definitions below~ action in a Critical Environmental Area may be subiect to more stringent requirements such as denial of certain operations~ and shortening or reducing the size of the structure pursuant to § 275-11 Construction and operation standards. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS -- All sites previously nominated by the Town of SouthoM and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Hails Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of nondisturbance buffers. The applicant must demonstrate that the following dock standards pursuant to § 275-11 Construction and operation standards have been met. § 275-11 (2) Docks. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The proposed docking facility if approved will result in habitat fragmentation and impairment with the physical loss of fish and wildlife habitat within a Critical Environmental Area. If the dock is constructed the loss of high and Iow intertidal marsh habitats will occur. The proposed action and associated impacts could be mitigated by seasonally mooring a vessel in public waters. This alternative would lessen the potential impacts to the habitat within Goose Creek a Critical Environmental Area. [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the d~ck will adversely a~ect views~ viewsheds and vistas imp~rtant t~ the c~mmunity~. [11] Whether the cumulati]~mpacts of a residential and commercii~dock will change the waterway or the environment and whet~alternate design, construction, and loc~n of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.1 Protect and restore ecological quality throughout the Town of Southold. B. Protect and restore ecological quality by adhering to the following measures. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as' complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. Habitat fragmentation can be avoided through other public land access alternatives such as vessel moorings. The action, as proposed, will result in thi~ continued fragmentation of a Critical Environmental Area. If approved~ the proposed action will result in the physical loss of habitat within Goose Creek an ecological sensitive area. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. The proposed action is private, noncommercial and will not support a pattern of development that enhances community character nor preserves "Public" access or public recreational activities Policy Standard 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range of tidal water level fluctuation, The proposed doekin,, facility at its terminus will achieve 0.79 feet of water at MLW as depicted on the survey. Prop dred~,in~, from a vessel navi~atin~ in limited water depths will cause the suspension of sediments and contaminants within the surrounding water body of Goose Creek. Mooring a vessel in an area with appropriate water depths is an alternative. (vi) whether or not alternative means to gain access are available. The applicant currently enioys access to Goose Creek through an established walking path. The applicant also has an alternate means of access to Goose Creek via the Town's boat ramp off Gagen's Landing Rd. § 275-2 Definitions; word ACCESS PATH -- An area, cleared by hand or hand-heM equipment, no more and devoid of any man-made structure, to provide a walkway to a body of water. t'our feet wide, left in its natural state In the event that a dockino facility is approved in this Iocation~ the following BMP's (design standards) are recommended: 1) 2) 3) 4) 5) 6) Use grid decking having greater than 50% light penetration (irradiance) to the substrate. Low profile catwalk 2 feet above MHW and grade over vegetated wetlands. The dock structure at its terminus must achieve a minimum of 2.5 feet at MLW. Prohibit the use of building materials containing CCA, creosote, penta or homemade wood preservative products. Design standards allowing for the pass and re-pass by the public for accessing trust lands, public waters and the foreshore. Minimize the size of the docking structure to the greatest extent practicable: a. to provide for reasonable access to the water body. b. to minimize the loss of navigable waters and use of underwater lands. c. to minimize the fragmentation, impairment and physical loss of wetland habitat. If the Agency~ (Board of Trustees) makes a contrary determination of consistency~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Figure #1 Baxter Wetland SetbaCk. Note: The wetlands and setbacks as depicted in the aerial representation above are for reference only. An accurate wetland delineation of the subject parcel referencing the setbacks to the proposed actions will be required. Figure #2 NYS DEc Regulated Tidal Wetlands. Figure #3 Baxter 1960 Tidal Wetlands. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob ~nosio~ Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only . Coastal Erosion Permit Application X Wetland Permit Application __ Administrative Permit Amendment]Transfer/Extension Received Application: ~'~eived Fee:$ t~lD,/~~t~ ~[1(7~ ('- Incomplete :~ SEQRA Classification: ....... Type I Type II Unlisted (d t) Coordination: ate sen ~ Consistency Assessment Form ~/CAC Referral Sent: I I ~q ~te of Inspection: I [ q 1~ Receipt of CAC Repo~: Lead Agency Dete~nation: Tec~cal Review: ~ic Hearing Held: [ [O~ Resolution: Nanae of Applicant Mark Baxter Address 5805 Main Bayview Road, Southold, New York 11971 Phone Number:( ) 631-765-5196 Suffolk County Tax Map Number: 1000 - 78-7-5.6 Property Location: Not'de of Main Bayview Road, approx. 325' east of Smith Drive South (provide LILCO Pole #, distance to cross streets, and location) AGENT: Young & Young Attn: Thomas C. Wolpert, P.E. (If applicable) Address: 400 Ostrander Avenue, Riverhead, New York 11901 Phone: 631-727-2303 ~rd of Trustees Applicati¢ Land Area (in square feet): Area Zoning: R-40 GENERAL DATA 103,080.4 sq. ft. or 2.3664 acres Previous use of property: Intended use of property: Single Family Residence Single Family Residence Covenants and Restrictions: Yes If '°Yes", please provide copy. Prior permits/approvals for site improvements: Agency NYSDEC - Tidal Wetlands Permit No Date issued November 10, 2008 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct one (1) single family residence, together with the associated water supply & sewage disposal facilities, driveway, pool, deck, foot path and 4' x 82' open grate walkwas to Goose Creek. )ard of Trustees Applicat] WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To construct a new single family dwelling. Area of wetlands on lot: 51,762 .square feet Percent coverage of lot: 2.5 % Closest distance between nearest existing structure and upland edge of wetlands: N.A. feet Closest distance between nearest proposed structure and upland edge of wetlands: 75 feet (to proposed pool & deck) Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? How much material will be filled? '450 0 cubic yards cubic yards Depth of which material will be removed or deposited: 1 - 4 Proposed slope throughout the area ofoperations:~ Manner in which mater/al will be removed or deposited: Material will be deposited using a small backhoe. feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by ;~as0n o~ Such p~p~d ~pe-iafi~fi~ (us~ ~e~ i~ ~pp~p~iht~i The proposed operations will not have an effect on the tidal waters of the Town. of Trustees Application0 COASTAL EROSION APPLICATION DATA Purposes of proposed activity:. To construct a new single family dwelling. Are wetlands present within 100 feet of the proposed activity? No X Yes Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? 0 (cubic yards) How much material will be filled? 450 (cubic yards) Manner in which material will be removed or deposited: Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) The proposed operations will not have an effect on the tidal waters of the Town. James F. King, President Jill M~ Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971~0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ................................. COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ~Aa.vL ~%-~ , residing at ff~dP' p/]dql being duly sworn, depose and say: That on the ~/ day of 0,4 ~t q ~/' , 200 ~, I personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Dateofhearingnotedthereontobeheld ~ l gr~. ~ Otq , c?l l, ;~00c) - - orl ' l'o bi>ut I Zn, Dated: Sworn to before me this dayof I 200q ' Notary(public LYNDA M BOHN NOTAFtY PUBLIC, State of New York H~ 01BO~020932, Suffolk C?,unty T~ ~i~a March 8, 20 I.I. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS STATE OF NEW YORK COUNTY OF SUFFOLK Mark Baxter , residing at 5805 Main Bayview Road Southold, New York 11971 , being duly sworn, deposes and says that on the [¢ day of .~ c~ ~ ~c~..-1 ,20 0 ~, deponent mailed a true copy of the Notice set forth in the Board of Trnstees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll oftke Town ~ Southold; that said Notices were mailed at the United States Post Office at ~ a &~,2~l ~, ~. , that said Notices were mailed to each of said persons by (certified) (registgr'ed) mail'~ - - 1- Sworn to before me this Day of [ ,20 LYNDA M BOHN NOTARY pUBLIC, State ot New York NO 01 BO6020932, Suffolk County Term Expires March 8, NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Mark Baxter SCTM# 1000-78-7-5.6 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a new single family dwelling. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Refer to Building Permit SUrvey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 ofthe Town Code is open to public comment on: ..,)0.¢ ,~/ [ /°~4n 2oo~.You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Mark Baxter MAILING ADDRESS: 5805 Main Bawiew Road Sguthold, New York 11971 PHONE #: 631-765-5196 Enc: Copy of sketch or plan showing proposal for your convenience. NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Mark Baxter SCTM# 1000-78-7-5.6 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Construct a new single family dwelling. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: Refer to Building Permit Survey 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: . You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Mark Baxter MAILING ADDRESS: 5805 Main Bayview Road $outhold, New York 11971 PHONE #: 631-765-5196 Enc: Copy of sketch or plan showing proposal for your convenience. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAlL RECEIPTS Name: Address: STATE OF NEW YORK COUNTY OF SUFFOLK Mark Baxter , residing at 5805 Main Bayview Road Southold, New York 11971 , being duly sworn, deposes and says that on the day of ~ 20 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named pemons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at ~ that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to be(ore me this )L-{ %h Day of PO crv ,20 ~-~ ~, Notary lbu~bli~ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME MARK BAXTER / MARK BAXTER 3. PROJECT LOCATION: Municipality AT BAYVIEW, T/O SOUTHOLD County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SCTM NO.: 1000-78-7-5.6 NORTH SIDE OF MAIN BAYVIEW ROAD APPROX. 325' EAST OF SMITH DRIVE SOUTH 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: CONSTRUCT ONE (1) SINGLE FAMILY RESIDENCE, TOGETHER ~TH THE ASSOCIATED WATER SUPPLY & SEWAGE DISPOSAL FACILITIES, DRIVEWAY, POOL, DECK, FOOT PATH AND 4' x 82' OPEN GRATE WALKWAY TO GOOSE CREEK. 7. AMOUNT OF LAND AFFECTED: Initially 1.9 acres Ultimately '1 . 2 acres 8. WILL PROPOSED ACTION COMPLY VVlTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~[~ No If No, descdbe br~fly WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: I--]Agriculture [] ParidForest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~L_J No If Yes list agency(s) name and permit/approvals: ~ OF SOUTHOLD BUILDING DEPT. - BUILDING PERMIT NYSDEC - TIDAL WETLANDS SCDHS - WATER SUPPLY & SEWAGE DISPOSAL 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NYSDEC TIDAL WETLANDS PERMIT ISSUED NOV. 10, 2008 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? F-lYes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWI_EDGE Applicant/sponsor name: THOMAS C. WOLPERT, P.E., AGENT FOR APPLICANT Date: NOV. 17, 2008 Signature: I If the action is in the Coastal Area, and you are. a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER t Board of Trustees Application County of Suffolk State of New York Mark Baxter BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELI]~F, AND THAT ALL WORK WILL BE DONE 1N THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAD PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. t v · Signat'ur~ SWORN TO BEFOP~ ~*HIS I ~' DaY OF lO ~ _,20Og Notary Public of Trustees Applica~ AUT~ORI ZA~ION (where the applicant is not the owner) I, Mark Baxter (print owner of property) residing at 5805 Main Bayview Road, (mailing address) Southold, New York 11971 do hereby authorize Young. & Young ATTN: Thomas C. Wolpert, P.E. (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. Owner' s signature) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE. FORM The Town of Southold's Code of Ethics vrohibits conflicts of interest on the oart of town Officers and emolovees. The vumose of lht~ form is to orovide information which can alert the town of oosalbl¢ conflicts of inter**t and allow it to take whatever action is ~ee,ssarv to avoid same. YOUR NAME: Mark Baxter (Last name, first name, rgiddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Vas/anco Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other Of"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee &the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interesf~ means a business, including a partnership, in which the town officer or employee has even a partia! ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X lfy0u answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, Or Child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applic0nt (when thc applicant is a corporation); B) the legal or beaeficial owner of any interest in a non-cerporate entity (when the applicant is not a corporation); __.C) an officer, director, pastnei', or employee of the applicant; or __.D) the actual applicant, DESCRIFFION OF RELATIONSHIP Form TS 1 Submitted this. day of Signature X/~7~. ~x~~t Na~e '° NOTMY IqJ~.~ - ~TATE ~F' N~Ig NO. 01HYEIlSge~, 200 Town of Southold f~ ~ LWRP CONSISTENCY ASSESSMENT FO ~ ~] ~C 2 ~ ~%q INSTRUCTIONS 1. All ~plic~ for ~i~* ~clud~g To~ of Sou~old ~encies, ~hall ~mpJ~t~ ~.~ ~ fn pmpos~ actions ~at ~ subj~t W ~e To~ of Sou~nld W~ont Consi~ney Review Law. ~is ~sessmem is in~nd~ to suppl~t o~er info~ation used by a To~ of Sou~old ~ency in m~ng a dete~h~ion of consist~cy. *~cept mi~r exempt actio~ incl~ing Building Permits and other ministerial ~its not located within t~ Co~tal Erosion H~ard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.norttffork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIlrl'ION OF SITE AND PROPOSED ACTION SCTM[# 1000 78 7 - 5.6 PROJECT NAME M~rk Baxter - Proposed construction of single family dwelling and o~en The Application has been submitted to (check appropriate response): grate walkway. TownBoard ~ PlanningOept. [] BuildingOept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct one (1) new single family dwelling and one (1) new 82' L x 4' W open grate walkway to Goose Creek. Locationofaction: North side of Main Bayview Road, approx. 325' east of Smith Drive South, Bayview Site acreage.'_ 103,081 sq. ft. or 2.3664 acres Present land use: vacant Present zoning classification: R-40 If an application for the proposed action has be~n filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: Mark Baxter 5805 Main Bayview Road Southold, New York 11971 (c) Telephone number: Area Code ( )_ 631-765-5196 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYSDEC - Tidal Wetlands Permit Yes ~ No ~ If yes, which state or federal agency?. #1-4738-03768/00001 issued Nov. 10, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Sec LWRP Section HI - Policies; Page 2 for evaluation criteria. [] Yes ~ No ~ (Not Applicable- please explain) 2OO The proposed open grate walkway will be used by the owners of the sinale family residence and their guests. Attach additional sheets if necessary Poficy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes ~-~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [-~ Yes [] No [] (Not Applicable - please explain) Refer to Policy 1 response Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of fife, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No ~ (Not Applicable - please explain) Refer to Policy 1 response Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~'~ Yes ~-~ No ~-~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air q,mlity in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. ~'~ Yes [] No ~ (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] (Not Applicable - please explain) Refer to P~licy 1 response Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. ~See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~-~ Yes [] No ~ (Not Applicable - please explain) Refer to Policy 1 response Attach additional sheets ifneeessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if necessa~ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes ~] No ~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes [] No ~ Not Applicable - please explain PREPARED BY Thomas C. Wolpert, P.E. TITLE Agent for Applicant DATE Dec. 22, 2008 YOUNG 8: YOUNG 400 Ostrander Avenue Riverhead, New York 11901 Telephone 631-727-2303 Facsimile 631-727-0144 admin ~oungengineering. com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAST, Architect DOUGLAS E. ADA31S, Professional Engineer November 26, 2008 Board of Town Trustees Town of Southold Southold Town Hall 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 RE: MARK BAXTER Lot 2, "Mark Baxter" at Bayview, T/O Southold, New York (07-0239) Dear Sir or Madam: Enclosed are the following items: 1. one (1) 2. one (1) 3. one (1) 4. one (1) 5. one (1) 6. one (1) 7. one (1) 2007, 8. one (1) and - Southold Town Trustees Wetlands Application, - Notice to Adjacent Property Owner, - Short Environmental Assessment Form, - Applicant Affidavit, - Applicant Authorization Form, - Applicant Transactional Disclosure Form, color set - Photograph Nos. 1-4 dated December 28, color set - Photograph Nos. 1-3 dated October 17, 2007, seven (7) prints - Building Permit Survey (Sheets 1-4 of 4) last dated October 6, 2008. Kindly notify us of the amount of required application fee and we will forward same promptly to your office. If you have any questions, please contact us. Very truly yours, Thomas C. Wolpert TCW/m a I Encl. cc: Mr. Mark Baxter + Encl. Planning Engineering Land Surveying Architecture YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New ~ork 11~01 Telephone 631-727-2303 Facsimile 631-727-0144 admin Oyoungengineering. com HOWARD W. YOUNG, Land Surveyor THOMAS C WOLPERT, Professional Engineer ROBERT C. TAST, Architect DOUGLAS E. ADAMS, Professional Engineer December 23, 2008 ATTN: Ms. Lauren Standish Board of Town Trustees Town of Southold Southold Town Hall 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 RE: Lot 2, "Mark Baxter" ~! at Bayview, T/O Southold, New York (07-0239) Dear Ms. Standish: Enclosed are the following items: one (1) original & two (2) copies - LWRP Consistency Assessment Form dated December 22, 2008, and nine (9) prints - Building Permit Survey (Sheets 1-4 of 4) last dated December 12, 2008, We understand that the applicant has submitted the required $250.00 application fee. If you have any additional questions, please contact us. Very truly yours, Thomas C. Wolpert TCW/mal Encl. cc: Mr. Mark Baxter + End. Planning Engineering Land Surveying Architecture N S '.% El- ~ ~'r I- ~ ~¢-'~ J,. ~'r,,~..~ ~' ~,. ~T^r..~ ~ O" ~ ~ A~EA = ~.~4 A~ Young & Young PHOTO~APH~, ~ON~NTIONAL 5~IN~ TECHNIQUE5 A5 FIL~ NO. 114~4 Th~ C. ~olpert, Pro~es~onal ~ngi~e~r B0arO 0f Trustees ~ ~ ~ [ ~ ~ 'x ~% , TEST HOLE / ROVED ~OARD OF TRUST~]] TOWN OF SOUTi-;C;L') LE~ENI2 ~ 0 (ok) 5URVE¥ FOR LOT 2 "MARK BAXTER" At: baBvl¢~, Town of 5oul:holcl Suffolk Gount~j, N¢~ ~ork Count~ Tox ~ District IOOO Section ~ Block O~ Lot ~.~ At~.. 24, 2OO~t DEG. 12, 2OOb O~.t. &, 200~, dON~ 20, 200~ ~. I~, 200~ OGT. 2~, 2001 MAP ~A~ ~. ~, 200~ P~. 2002_0266_~2_200~_02$~_~_plan_B_r6 I O~ ~ 3.85 +3 12" b Young & Young 400 Ostrander Avenue, Riverhead~ New York 63 ~-727-2303 Howard F. Young, Land Su~eyor T~ C. Wolpe~ ~ofes~o~l E~gineer Robert C. T~t, Arohitect Do~ E. Ada~, ~ofes~onal Engineer 11901 HEALTH D~=PARTMENT USE SURVEYOR'5 GERTIFIOATION 8~§ SURVEY ~OR HA K BAXTE LOT 2 "MARK E, AXTER" At ~:3~lvlem, Tomn oF 5out, holcl C. ount~ Tox t'lO~ District I000 Section -~ Block 0-~ Lot HAP AF~. 24, DEG. 12, 2OO~ OGT. ~, ,JJN~ 20, ~. Iq, OGT. 2~, 200~ ~. ~, 200~ ~C. AI..E: 1"=50' NO. 2OO'~-O25q DWi. 2002_0266_O02_200~_029q_b~_plan_~_c6 20F~ [] [] LOIN tENT~.'f' 5~OIJND FLOO~ HOUSE PLAN~ FDRNISHED~ BY CLIENT ~EAT I K, ITC, H[SN BATH fl~¢t FLOO~ LAUNDRY E~ATH C, LO~ET tDATH 5E~,ONI2 FLO0'I~ Young & Young 400 Ostrander Avenue, Riverhead, New York ~90~ 63 I- 727-2303 Howard ~. Young, Za~ S~ey~ T~ C. Yolp~, ~ofes~onal E~ineer Rober~ C. T~, Architect Dougl~ E. A~, ~ofes~onal E~i~eer H~=ALTH D~=PA~TMENT US~= MARt BAXTE LOT 2 "MA'I~K BAXT'~I~" Al, Babylon, Town o'l' ~¢u~hol~ ~olk Oount~, N¢~ York Mop Dlstrfct I000 Section 9~ Bilk 09 Lot ~.~ AI=I~. 24, 200q DEC.. 12, 26,0¢ 06.'1'. ~., 2~¢. ~ ;20, ;200¢ A!J~. ~, ;200"/ ~.ALE: I"=10' NO. DI'N~. 200;2_O;2~,¢_O0;2_200'l_O;29,q_b,e_plon_B_rr~ CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK MaihngAddress: Box 1547 Riverhead, NY 11901 May 18,2009 TEL: (631)369-8200 FAX: (631)369-9080 E-mail: charles.cuddy@verizon.net Board of Town Trustees Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NV 11971 Re: ~te~ffs ~ ~:~ff~;~;r Road, Southold, New yo ~ Dear Board Members: Supplementing my letter of May 14, 2009, enclosed are copies of the plans for the house that will be constructed on the Baxter lot. The house plan is also shown on the 3rd page of the plan submitted by Young &Young. I believe this complies with the Board's request made at the last hearing. Unfortunately. ! will not be able to attend the continued hearing on May 20, 2009. My son is receiving his MBA degree that evening and at his invitation I will be attending that ceremony. Nevertheless, since this matter has been pending for a considerable time and the applicant has revised the submission in many respects, as you have requested, I respectfully request that you do not delay or defer the decision in this matter. I ask that you approve the house proposal pursuant to the plan submitted. Very truly yours, CRC:ik PLA. NS Sea Haven II · Bedrooms: a · Width: B2'O' · Depth: eO'O' · T~t~l Height: Ceiling Height: · Blueprints - $ sets: n/a · Eepradudbie t4aster: $[290 · Blueprints - 8 sets: $1265 · Auto CADflle: n/a'. ~ioo~ians/Addltional images http ://www.coastalhomeplans.com/p~.ntable-flyc~.php ?plan=702 1/29/2008 'FAX 'COVER PAGE Ne~Y~ State Bepatmmnt of Envi~mmental Co~on · July 13, 20O6 Sincerely, To: Departmmt of~~ Conservati~ Loop Road Butld;%~ 40 Stoay Brook., New York 11790-2396 1000-7g-7-5.3 & $.4 by Mark ]~=h~r. Om' ~aposifion {,, based em th~ fol~ ~ · We in'opose that the a~a in qtmst~m ~ a Lla~ 1. wetland secondary to the f~t tlmt a mfl~mntinlly ti~gloped area nmy I~ s~R~je~ to signifiennt · We propo~ that this area c~til,~ a eritital en '.vi~?ental area which S~ely youts, DEPARTMENT OF HEALTH SERVICES July l 1, 2006 COUNTY OF SUFFOLK STEVE LEVY SUFFOCK COUNTY EXECUTIVE FEB ~' 2009 BRIAN L. HARPER, M.D., M.P.H. COMMISSIONER Jerilyn B. Woodhouse Planning Board Chair Southold, NY 11971 S10-02-0015 Dear Ms. Woodhouse: I am writing in response to your letter in which you eq~s-[ that the Health Department re- evaluate this project. As you arc aware, thc Office of Wastcwatcr Management granted approval for this subdivision on January 27, 2006. This approval was granted based upon thc following conditions: Town SEQRA was received for the project, NYSDEC wetlands permit was issued for the project, and a covenant to raise thc grade of the site to accommodate the sanitary system was placed upon the property. It is now come to our attention that the town will not allow the use of fill to raise the grade at this site. Staff has spoken to a representative of the town and is presently awaiting written confwmation of this fact. Once received, thc conditions under which the approval was granted will be impossible to meet and the Health Department approval will be suspended until such time that the requirements of the Sanitary Code are met. I hope that this information has been of use to you. If you have any questions, please feel free to contact me at 852-5700. Very truly yours, Chie£ Office of Wastewater Management NeW/York State Depa~ of Environmental ConServation ' July 13, 2006 The New Yozk Statc D~ ofF. uvk -~.,~ C~ 0qYSD~C) is in mcdpt of yum leUer dasd lvla~ 7, 2006 ~ ~ t~ i~.~;,Z lis~l alx~ 1~, ~'~-vd~ Imst~at to Uaifnmt Pmcedu~ 6NYCRR Pml 621.14(a). suMivia'ou 62Ll4(a) spca~ to five diffcrCui grounds fur n~ ~on ~r mvocaiiou of ape. mit b~ the NYSDBC; (1) mat=ially false o~ iz~.,cm'd~ m~lemm~ ~ ~e p~t ~ m ~$ P~; (3) cxccedin~ ~b~ ~.opo of ~ p~oct as descdlz~ m tho p~ eppliceiion; (5) ~liaace wilit l~OUsly issued l~mnit ~onditions, orders of the commi~ioner, any provisio~ of {hu Favhumnmial Cousurvation Law or n~ulafiom of Om dopmlm¢~ related to outlined in your letter do not constitute umtcrially ~,{.e or i~accuratc staiemeuts in lhe p,moit application or SUpporliug pa~ CI). We also find that newly discovm'ed mste~ial inform.~inu or a materi~ cha~ in the environmental conditio~s (5) has not been found dnce the is.,,,,nce of the existin~ permit. We ~ tim that th= other thr~c sectioIns do not apply to your request, ~o~, the NY~DBC has determii~ed ii is not npproprlatc to revoke the cxistin~ subdivision permit as you haw mtuest~L New York State Department of Environmental Conservation .Divisi~)n of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Telephone (631) 444-0357 Facsimile (631) 444-0360 Alexander B, Grannis Commissioner November 10, 2008 Mr. Mark Baxter 5805 Main Bayview Road Southold, NY 11971 RE: 1-4738-03768/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Permit Administrator SVA/ls Enclosure NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER I EFFECTIVE DATE t-'4738-03768/00001 I November 10, 2008 FACILITY/PROGRAM NUMBER(S) PERM IT EXPIRATION DATE(S) Under the Environmental November 9, 2013 Conservation Law TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate · Article 15, Title 5: Protection of Waters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transpod [3 Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers · 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8; SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25; Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Mana~lement [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Artic!e 34: Coastal Erosion Management [3 Article 36: Flcodplain Management [3 Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO TELEPHONE NUMBER Mark Baxter (516) 993-7337 ADDRESS OF PERMITTED 5805 Main Bayview Road, Southold, NY 11971 ITELEPHONE NUMBER (631) 727-2303 CONTACT PERSON FOR PERMITTED WORK Tom Wolpert, Youn~ & Young, 400 Ostrander Avenue, Riverhead, NY 11901 NAME AND ADDRESS OF PROJECT/FACILITY Main Bayview Road SCTM fi: 1000-78-7-5.6 COUNTY TOWN WATERCOURSE I NYTM COORDINATES I Suffolk Southold Goose Creek DESCRIPTION OF AUTHORIZED ACTIVITY: Construct new single family dwelling with septic system, driveway, pool, deck, foot path and 4' x 82' open grate walkway to Goose Creek. All work must be in accordance with plans prepared by Howard W. Young, last revised October 6, 2008 (sheets 1-4) and stamped NYSDEC approved on November 10, 2008. (Note: the scale 1"= 50' is not corrected on page 1 of 4). By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT ADMINISTRATOR: Susan V. Ackerman ADDRESS Region 1 Headquarters, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 I DATE I Page 1 of 4 November 10, 2008 I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas, 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal, No debris is permitted in tidal wetlands or protected buffer areas, 3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 4, All areas of soil disturbance resulting from the appreved project shall be stabilized with apprepriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 5. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary, 6. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 7. Cover material used for the footpath is limited to natural wood/bark chips, stone, gravel or sand. 8. The use of wood treated with pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 9. This permit does not authorize the installation of floats. 10. The authorized structure is provided for access to the waterway and is not intended for the mooring or launching of vessels. Prop dredging, resulting from motorized vessels intentionally powering in shallow waters, is a regulated activity and is not authorized by this permit. 11. To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 50 linear feet landward of the tidal wetland boundary. 12. A row of staked haybales or other approved erosion contrel devices shall be placed as per the NYSDEC appreved plan, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. 't 3. Roof runoff shall be directed into dry wells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. '14. Dry wells for pool filter backwash shall be located a minimum of 75 linear feet landward of the tidal wetland boundary. '~ 5. There shall be no draining of swimm lng pool water directly or indirectly in tidal wetlands or protected buffer areas. 16, Driveways and parking areas shall be constructed of NYSDEC approved pervious materials. 17. Roads, driveways and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. 18. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. 19. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of, and understand all terms and conditions of, this permit. Within 30 days of corn pletion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. DEC PERMIT NUMBER 1-2820-05692/00001 I I PAGE 2 of 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24, 25, 34 AND 6NYCRR PART 608 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. Al! necessary precautions shall be taken to preclude contamination of anywetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized, If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by: Howard W. Young (sheets 1-.4 ) last revised 10/6/2008. DEC PERMIT NUMBER PAGE 3 of 4 1-4738-03768/00001 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ' NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: . Permittee Accepts Legal Responsibility and Agrees to Indemnification ' The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the ~ands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or suppoding papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in envirenmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any previsions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 Of 4 1-4738-03768/00001 95-20-1 (11/03)-9d New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number Expiration Date I Regional Permit AdministratOr ROGER EVANS NOTE: This notice is NOT a permit N S o/ /// · THIS PLOT PLAN DEVELOPED UTILIZIN® AERIAL PHOTOGRAPHY, CONVENTIONAL 5Df~"VE¥1N~ TECHNh2UE5 U~LAND A~,EA = 1.1~1 ~UBPlMI¢ION - "MAR~ BAXTEr" FILE~ IN THE OFFICE THE o~E~K OF ~UFFOLK COUN~ ON NOV. 14, 200~ FILE NO. 114¢4 ~OU~I~5 A~E ~FE~NCE~TO ~L~ (AL~ FI~ ZONE AE (EL 8) ' ~ 0 TE¢T HOLE (oh) (~L~ (~ Yo~zng & Young 400 Ostra~der Aver~ze, Riverhead, Ne~ Yowk 11901 63]-727-2303 Thom~ C. Wotpert, Professorial Engineer Robert C. T~t, Arokitect Ronald E. P~k~ Lan~cape Architect Do~gl~ E. A~, Profes~o~al Engi~er HEALTH DEPARTivlENT !J~E CERTIFICATION FOR I','IAt K, I AX'T'Et LOT 2 "HARK-. BAXTER" At t~O~lvi¢~, To~n of ~ouf, holct ~uffolk Count,.j, N~ ~ork Count~ Tax Hop District I000 Section ~8 8lock O~ Lot 5.& 00T.¢,200¢ ,JUNE20,2OOm FEB. I~,200¢ OGT. 2~,200~ 10~4 ,JOB NO. 200'/-02Bq DI'~S. 2002_02b8_O02-200-LO29~t-bp-I~l~n-B-c4 CAROSOTrO 11746 M.S. EMILY IO EDGEWOOD AVE DIX HILLS NEW YORK BOARD OF TRUSTEES TOWN OF SOUTHOLD I am writing in regards to the property of MARK BAXTER lot gtwo. It is my understanding that the Board of Trustees has approached the Dept of Land Preservation to release funds so the town can acquire this property, and keep it forever wild. I would strongly encourage this endeavor. I have been a resident of 5485 Main Bayview Road for over sixty years I have know this land as only wetlands. Years ago eelgrass covered the area. Because of the dredging that has replaced by phragmites both of these grasses grow only on wetlands. In this era of thinking "Green" we all have become more aware of the importance of good stewardship towards our environment as attested by Mark Terry and Scott Itilary any construction on this land would have a negative impact on the surrounding properties and Goose Bay. It is my sincere hope that this land will remain forever wild and our precious wetlands are kept safe. Sincerely & Hopeful, Emily Camsotto 10 Edgewood Ave Db(Hills, NY 11746 Janua~ 15,2009 Broad of Trustees Town of Southold 53095 Rt. 25 PO Box 1409 Southold, NY 11971-0499 Dear Sir or Madam: We are writing in response to the certified letter notifying us of the board's review of the proposed construction of a dwelling adjacent to my pmpeAy. The owners name is Mark Baxter, SCTM 1000-78-7-5.6. We am deeply concerned about the increased flood risk and the resultant devaluation this will have on our property. The property identified as "Lot 2 Mark Baxter" in the Board of Trustees letter is susceptible to severe flooding in a storm event. This fact was well documented by photos and testimony provided by adjoining neighbom during a Southold public hearing held in the spring of 2006. This documentation can be provided at your request. According to the proposed site development plan, prepared by Young & Young Surveyors, the proposed high water wall Mr. Baxter plans to build for his septic system and the elevated access driveway will create a pooling affect on my properly dudng a storm event and prevent the natural seaward drainage that currently exista. This inevitable flooding will cause damage to my property and create an undue financial burden to me. In addition, Mr. Baxte(s proposed 5 bedroom house will obscure my view-shed of Goose Creek that my family has enjoyed for over 60 years. When my family purchased the property at 5485 Main Bayview Rd the property behind us was by all accounts a wetland based on habitat and vegetation. Characterized as a wetland, the land could not be developed. This unrestricted view of the water provided a greater valuation of my pmperty. Development of the subject property will obscure the waterfront view from my property and decrease its value. I would also like to call to your attention that the site plan we were provided does not indicate that "Lot 2 Mark Baxter" is waterfront property. To my knowledge Lot 2 does have clear access to Goose Creek, and should be considered watenYont property. Therefore, any development of the properly requires review and approval by the Department of Environmental Conservation. Lastly, given the damaging effects that this proposed land development will have on our properly we are compelled to notify you that if my property is damaged by flood waters, to a degree that the property would not have of othenMse experienced, we will hold the Town and the property owner of'Lot 2 Mark Baxter" legally responsible. Sincerely, 2/26/09 Supervisor Scott Russell, Here is a copy of the LWRP submitted by LWRP coordinators, Mark Terry and Scott Hilary to the Board of Trustees. Their recommendations to the Board states that, 1. The proposed action is INCONSISTENT with LWRP. 2. The setback f~om the wetlands is less then 100 feet. 3. The sanitary system will involve grade changes which may alter existing storm water drainage, effecfing neighboring properties. Also addressed is that Goose Creek is a Critical Environmental Area, and many other importan! facts that validate my concerns as well as my neighbors. However, even with this information Mr. Ghosio, (Mr Bergen agrees) feels that the board must issue a permit because Mr. Baxter has three letters from the previous Board of Trustees approving his sub-division and has been working on this project for seven years. Mr. Ghosio was asked by board member Peggy Dickerson, if he could live with his decision even though LWRP has presented new information indicating a permit should not be given. His response was yes. What is this saying to the people in the Town of Southold. Keep trying eventually someone will make a mistake and you'll get what you want whether it is right or wrong. There is a reason why it has taken Mr. Baxter seven year to get where he is today. And it's not because this project will have no effect on the wetlands and surrounding property as Mr. Baxter states. Mr. Ghosio job is to protect our wetlands, NOT DESTROY THEM. C Respectfully, Paula Ohlmann FEB 2 6 2009 SLIP' i,~ :,C' 5 CFr &: To: Southold Town Planning Board PO Box 1179 Town Hall, 53095 State Rte. 25 Southold, NY 11971 March 1, 2006 Dear Members of the Planning Board, We the undersigned are strongly opposed to the proposed subdivision of SCTM# 1000-78-7-5.3 & 5.4 by Mark Baxter. Our opposition is based on the following reasons and concerns. * The area in question (Lot 2) is frequently flooded during storm weather and has been flooded at least twice during the last six months. These floods occurred in November 2005 and February 12, 2006. Flooding on Lot 2 in the area of the proposed house and sanitary system was between 1-3 feet deep during these storms. (Please refer to pictures submitted from February 12, 2006 to verify.) · We are concerned that the proposed sanitary system will leak into the ground water of the wetlands. The area of the proposed house and sanitary system abut (to the north) land owned by Joel W. Warner Jr. and this land consists of phragmites where the land is often water soaked even during dry weather. (Please refer to submitted photo number 14 taken at mid-tide~on 2/8106 showing water soaked ground approx' .tmately 20 feet fi.om~.he proposed house and sanitary system.) · We are gravely concerned that any grading and/or elevation of the land on the proposed site will subject neighboring properties to additional flooding to these properties. Furthemxore we are concerned that grading and/or elevation will subject the neighboring properties to standing water on these properties due to a lack of drainage. · We propose that storm water runoff will not be able to be contained on the property secondary to flooding and the close proximity of the wetlands. · We propose that the test hole dug for this subdivision which shows sand and loam to a depth of one foot and grey "clay" from one to five feet constitutes a wetland (hydrie) soil. , · We are also concerned as to whether Mr. Baxter had the correct permit to '~now" the phragmltes on this land down to ground level. · We are also concerned that considering that Goose Creek is labeled a critical environmental area, a negative declaration SEQRA should not have been issued without an Environmental Impact Assessment. · We propose that the area in question constitutes a Class 1 wetland secondary to the fact that a substantially developed area may be subject to significant additional flooding should the area be modified. · We propose that this area constitutes a critical environmental area which may contain endangered and/or threatened plant and animal species. We request that the Planning Board carefully reviews the Tidal Wetland- Land Use Regulations set forth in 6 NYCRR Part 661 and the Tidal Wetlands Act and we call for the planning board to consider our concerns in Ol~posing this subdivision. Thank you for your time and consideration in this matter. Sincerely yours, NAME ADDRESS OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box I 179 $outhold, NY 11971 Telephone: 631 765-t938 Fax: 631 765-3136 To: Jim King, President -~ .............. -- '-::-:--'::: .......... Town of Southold Board of Trustees .... From: MatkTerry, LWRPCoordinator FEB 18 2009 Scott'A. Hilary, LWRP Coordinator Date: January 12, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland permit for MARK BAXTER scTM#78-7-5.6 Young & Young on behalf of MARK BAXTER requests a Wetland Permit to construct a single-family dwelling, sanitary system, driveway, pool, deck, foot path. and 4'X 82' open grate catwalk. Located: 5805 Main Bayview Rd., Southold. SCTM#78-7-5.6 THE FOLLOWING SECTION ADDRESSES THE PROPOSED HOUSE AND SWIMMING POOL: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP ConSistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all'~lndros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The setback from the wetland boundary to the proposed actions (single-family dwelling, sanitary system and driveway) is less than 100 feet; a minimum setback distance of 100' from the wetland line is required pursuant to Chapter 275-3. Findings; purpose~ iurisdiction~ setbacks. § 275.3 Findings; purpose; jurisdiction; setbacks. D. S~tbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary. Residence: 100 feet. Drive(ray: 50 feet. Sanitary leaching pool (cesspool): 100 feet. Septic tank: 75 feet. 'Swimming pool and related structures: 50 feet. Landscaping or g~dening: 50 feet. Placement ofC & D material: 100 feet. Further~ pursuant to § 275-6 the applicant must show all Wetlands wi~thin a two-hundred-foot radius of the ar~ from which the removal or in which the deposit of materials is propo~ed~ or in which structures are to be ereCted~ .certiiied by a r~istered land su~'veyor or registered professional eno. ineer~ licensed by the State of New York. § 275-6 Application. A. Contents of application. A permit may be issued i~pon the written, verified application of the person proposing to perform operatiOns on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: [Amended 10-11-2005 by L.L. No. 17-2005] (g) Such application shall be accompanied by a survey and topographical map, created no more than one year prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two-hundred-foot radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. The sanitary system.as proposed will involve grade changes ~]0th~ sub[eot parcel and construction of a permanent concrete water wall which may alter the existing stotm water draina~.e patterns therefore redirecting storm water flow to the neighboring properties to the South, South East and West. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing nonpoint pollution. A. Minimize non-potnt pollution of coastal waters using the following approaches, which are presented in order of priority. 1. Avoid non-point pollution by limiting non-point sources. b. Avoid activities which would increase off-site stormwater mnoffand transport of pollutants. c. Control and manage stormwater mnoffto: · achieve no net increase of runoff where unimpaired stormwater runoff conditions exisl e. Preserve natural hydrologic conditions. Pursuant to § 275-11 the applicant may be required to submit a drainage plan for the entire site detailing how all surface waters generated from impervious surfaces shall be kept onsite through infiltration or retention pursuant to § 275-11 as referenced below; § 275-11 Construction and ope."~tion standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (1) Drainage upgrade. Applicants for a permit for any form of construction may be required to tipgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infillxation or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See § 275-6A (14) for requirements. § 275-6 Application. A. Contents of application. A permit may be issued upon the written, verified application of the person proposing to perform ~opera.tions on wetlands. Three copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (14) Drainage upgrade. At the discretion of the Board, nonadministrative applications may require submittal of a drainage upgrade plan. This plan must indicate how all existing and proposed on-site drainage from a two-inch rainfall is retained within the subject parcel landward of the wetland boundary. Retention can include but is not limited to infiltration or impoundment. All drainage plans shall show the calculations used to develop the plan. At the discretion of the Board said plans may require certification from a licensed engineer. If the Agency~ (Board of Trustees) makes a contrary determination of consistene3'~ the Agency shall elaborate in writing the bakis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. IL. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shah elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards. THE FOLLOWING SECTION ADDRESSES TIlE PROPOSED CATWALK: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LI3/RP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with th~ LWRP. The proposed docking facility is INCONSIS1TENT with the following LWRP policies and policy standards: Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.1 Protect and restore ecological quality throughout the Town of Southold. 6.3 Protect and restore tidal and freshwater wetlands. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The following impacts will result from the proposed docking facility if approved: 1) 2) 3) 4) Habitat fragmentation within a Critical Environmental Area. Prop dredging of the bottomland causing the suspension of sediments and contaminants within the surrounding water body. Impairment with the physical loss of wetland habitat. Prevent the growth of vegetated wetlands. The proposed d0~lting facilit~ :~ Iocate~J in Goose Creek a Critical Envir~mmental Area nominated by the Town qg Southold as worthy of prote~ a, (see Critical Environmental Areas ,k ~-2 Definitions below). Any proposed action in a Critical Environmental Area may, be subiect to more stringent requirements such a~ denial of certain operations~ and shortening or reducing the size of the structure pursuant to § 275-11 Construction and operation standards. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees la~s and regulations for all Andros Patent and other lands under their jurisdiction l. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS - All sites previously nominated by the Town of Southold and designatedby the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hatlock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Hall~ Creek~ Goose Creek, Little Creek, Mill Creek and Pipes Cove Creelc § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion bf the Board of Trustees, any operations proposed in critical' environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width.of nandisturbance buffers. The applicant must demonstrate that the following dock standards pursuant to § 275.11 Construction and operation standards have been met. § 275-11 III [2] [3] [41. [5] 161 Docks. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: Whether; the dockwill impair navigation or be located in areas of high vessel traffic or vessel congestion; Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, Waterskiing and other water-dependant activities; Whether the dock will undidy interfere with transit by the public along the public beaches or foreshore; Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; Whether the dock will cause degradation of surface water quality and natural resources; Whether the dock will cause habitat fragmentation and loss of significant coastal ftsh and wildlife habitats; The proposed docking facility if approved will result in habitat fragmentation and impairment with the physical loss offish and wildlife habitat within a Critical Environmental Area. If the dock is constructed the loss of high and Iow intertidal marsh habitats will occur. The proposed action and associated impacts could be mitigated by seasonally mooring a vessel in public waters. This alternative would lessen the potential impacts to the habitat within Goose Creek a Critical Environmental Area. [7] Whether the docl~ will result in the destruction of or prevent the growth of vegetated wetlands, ~eagrasses including eelgrnss (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation: [9] Whether the dock will be safe when constructed: [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; .... 5~_f_lJ~: -~::ttrt~_her...the .cumulativ- impacts of a residential .and:.commercial~dock will clumge tl~ waterway or the environment and whet, alternate design, construction, and loc. n of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish~ electrical service and water service. Policy 6 Protect and restore the quality and function of the Town of $outhold ecosystem. 6.1 Protect and restore ecological quality throughout the Town of Southold.. B. Protect and restore ecological quality by adhering to the following measures~ 3. Avoid fragmentation.of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resqurces. Habitat fragmentation can be avoided through other public, land access alternatives such as vessel moorings. The action, as proposed~ will rgsult in thi~ continued fragmentation of a Critical Environmental Area. If approved~ the proposed action will result in the physical loss of habitat within Goose Creek an ecological sensitive aro~- Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. . The proposed action is private, noncommercial and will not support a pattern of development that.enhane,~ community chara~er nor preserves "Public" access or public recreational activition Policy Standard 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. E. Provide access.to, and reasonable recreational use of navigable waters and public trust lands under water. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (ii) the range of tidal water ievel fluctuation, The proposed docking facility at its terminus will achieve 0.79 feet of water at MLW as depicted on the survey. Prop dred~,ing from a vessel navi~atin~ iu limited water depths will cause the suspension of sediments and contaminants within the surrounding water body of Goose Creel,- Mooring a vessel in an area with appropriate water depths is an alternative. (vi) whether or not alternative means to gain access are available. The applicant currently enioys access to Goose Creek thr~hgh an established walking path. The applicant also has an alternate means of access to Goose Creek via the Town's boat ramp off Gagen's Landing Rd. .4CCESS P,4TH -- An area, cleared by hand or hand-heM equipment, no more than four feet wide, left in its natural state and devoid of any man-made .structure, to provide a walkway to a body of water. In the event that a docking facility is approved in this locaflon~ the following BMP's (design standards) are recommended: 1) 2) 3) 4) 5) 6) Use grid decking having greater than 50% light penetration (irradiance) to the substrate. Low profile catwalk 2 feet above MHW and grade over vegetated wetlands. The dock structure at its terminus must achieve a minimum of 2.5 feet at MLW. Prohibit the use of building materials containing CCA, creosote, penta or homemade wood preservative products. Design standards allowing for the pass and re-pass by the.public for accessing trust lands, public waters and the foreshore. Minimize the size of the docking structure to the greatest extent practicable: a. to provide for reasonable access to the water body. b. to minimize the loss of navigable ~vaters and Use of underwater lands. c. to minimize the fragmentation, impairment and physical loss of wetland habitat. If the ARency~ (Board of Trustees) makes a contrary determination of consistency~ the Agency-shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. /. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the baSis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determinati6n regarding the consistency of the proposed action. Figure #1 Baxter Wetland Setback. Note: The wetlands and setbacks as depicted in the aerial representation above are for reference only. An accurate wetland delineation of the subject parcel referencing the setbacks to the proposed actions will be required. Figure #2 NYS DEC Regulated Tidal Wetlands. Figure #3 Baxter 1960 Tidal Wetlands. PROPOSED SEPTIC SYSTEM AND ~ RETAINING WALL DESIGN 8Y FREDERICK S KEITH, P.E. OF SUFFOLK COUNTY, NEW YORK S.C. TAX No, 1000-78-05-16 Josepl A. Ingegno Land Surveyor PROPOSED SEPTIC SYSTEM AND RETAINING WALL DESIGN BY FREDERICK S. KEITH, P.E, OF SAG HARBOR ENGINEERING. SURVEY OF PROPERTY S1TUAT, ED AT BAYVIEW 7OWN OF $OUT~OLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-78-05-16 SCALE 1 "=50' FEBRUARY 22, 1999 JUN([ 29, 1999 ADDED PROPOSED HOUSE CE,~TIFIED TO Land Surveyor PHONE (516)727-2090 Fa, (516)722-5093 \\\ %,, / / ,/ HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-pres. PHILL1P J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M, LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 7, 1986 TELEPHONE (516) 765-1892 Mr. Mark Baxter 30 Wellington Place Amityville, New York 11701 Re: Wetland Application No.433 Dear Mr. Baxter: The following action was taken by the Board of Trustees during their regular meeting held on October 30, 1986 regarding your above referenced application. RESOLVED that the Southold Town Trustees DENY without prejudice the wetland application no. 433 submitted by Mark Baxter to mow vegetation on property located at-3135 Main BaYview Road, Southold. The Board will allow you to maintain a 4' wide walkway to the water. However, there is to be a natural buffer within 50' of the water on the remainder of this property at all times. Very truly yours, · Smith, President Board of Town Trustees HFS:ip cc: Bldg. Dept. Justice Court file HENRY P. SMtTH, presldeat JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSK], JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN Of SOIJTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 August 4, 1986 Mr. ~ark Baxter 30 Wellington Place Amityville, New York 11701 Dear Mr. Baxter: The following action was taken by the Board of Trustees at their regular meeting held on July 31, 1986 regarding your wetland application. Moved by Trustee Smith seconded by Trustee Bredemeyer WHEREAS, M~rk Baxter applied to the Southold Tow~ Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold application dated May 19, 1986 , and WHEREAS, said application was referred to the Southold Town Conservation Advisory Gouncil for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Trustees with respect to said application on July 31, 1986 at which time all interested persons were given an opportunity to be heeard, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the Board considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the Town, NOW, THEREFORE, BE IT RESOLVED, that Mark Baxter BE AND HEREBY ARE GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOW~ OF SOUTHOLD, NEW YORK TO CONSTRUCT A SINGLE F~ILY DWELLING, SEPTIC SYSTEM AND WELL ON PROPERTY LOCATED ON MAIN BAYVIEW ROAD. SOUTHOLD, NEW YORK WITH THE PROVISION TEAT CONSTRUCTION CONFORMS WITH THE D.E.C. PERMIT ISSUED. This permit will expire on July 31, 1987 if work has not co~enced by said date. There are two inspections required. The Trustees are to be notified upon the completion of the work. -2- There is a $5.00 Wetland Permit now due and payable. Upon remittance your permit wiii be forwarded by mail. HPS:ip cc: Bldg. Dept. D.E.C., Stony Brook D.E.C.i Albany Army Corps Coastal Management Trustees file Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Trustees TOWN OF SOUTHOLD BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD. NEW YORK WETLANDS PERMIT This Wetlands Permit No..,.,,3, L,.5, .......... has been granted by the Town Trustees according to information furnished in Application No, ...,,~..0,5, .......... filed by Applicant ........ ,.Y~,,,~,.k,,.,S.,a..x.,~..e~ ............... t~a 19 86 ........................................ on ....... ~/..,....: ............. 19 ..........A map of the proposed work will be kept on file in the Trustee Office under the application number given. Location of property on which work to be done ....... ,,~,.,~,~,..?.,.?~..?.~ .,~,.d,:.:, ,S..o.~,o,,];~;...~,..~: ............... Sizeofwork: Length ................... .~...5.~. .................................................................................................... Width ............................................................................................................................. Depth Below Low Water ................................................................................................. Yards to be Excavated ............... .2..0....c.....y.... ........................................................................ Manner in which material is to be removed or deposited ............. ~.~..u,.c..k. .................................................. Conditions if any ......... .~, ~. ~ ,h,.. ?. ~. ,°,,v,.~ ,s. ~ .°,~... ?..a. c,., ,c.,°,~ 8--~.[ ~ .c.~- .~.? ~..,~.75~ ~.. ~.~.. ~.: 5.:,~.: .. ~ ~ ~ ....... The applicant does by the acceptance of this permit, assume all responsibiilty for operations under- taken pursuant to th{s permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. The appllcant and the ov~er and occupants of the premises upon which the operations authorized by he acc lance of th s permit give consent to the Town, and~ this permit are being conducted, do, by t _ ep .__..-,~re such operations are being conducted to make such inspections es the Town may deem necessary to insure that such operations are being con~ ducted in conformity with this permit. This operation will not substantially: A. Adversely affcct the wetlands of the town. 8. Cause damage from erosion, turbidity or siltation. C. Cause saltwater intrusion into the fresh water resources of the town. D. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. ~. ncrease the danger of flood and storm tide damage ffect navi ation on tidal waters or the trial flow of the tidal waters of the town· Adverse y a g .... . --~,,ement or flow of any waters. ~'. Change the course of any channel or me natu rd~ ,.,vv H. Weaken or undermina the lateral support of other {ands in the vicinity. h Otherwise adversely affect the health, safety and general welfare of the people of the town· " ...... / President Board of Southold Town Trustees TOWN OF SOUTHOLD, N.Y. Sector Grid No. Time Out Time In Founded Tof~r (3 Cleered By Arrest o~= PDT~ 2 '~ Continueflon Reg~rt At~cl~d? ~ Y~iI Re,offing Of ricer ~.~ ~ '~..,~'- '~,~.. Form PDT$ I SUFFOLK CO. HEALTH DEPT, APPRO'VAL STATEMENT OF INT£N~ THE WATER SUPPLY AND SEWAGE DISPOSAL SUFFOLK CO. TAX MAP DESIGNATION; DIST. SECT. BLOCK PCL SEAL I lllllllllllllllllllllllllllllllllllllllllmllllllllll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument= DECLA~ATION/DOP Number of Pages= 6 Receipt Number = 06-0003268 District= 1000 Recorded= 01/11/2006 At= 02=28=08 PM LIBER: D00012430 PAGE = 12 ? Section = Block = Lot: 078.00 0'7.00 005.004 EXAMINED AND CHAR~ZD AS FOLLOWS P&ge/Filing COE TP-584 Cert. Copies SCTM Received the Following Fees For Above Instrument lxe~pt Exe~t $18.00 NO Handling $5.00 NO $5.00 NO NYS SRCHg $15.00 NO $0.00 NO Notation $0.00 NO $10.00 NO RPT $50.00 NO $0.00 NO Fees Paid $103.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Number of pages TORRENS Serial # Certificate # RECORDED 2006 Jan 11 02:28:08 P~I CLERK OF SUFFOLK COUNTY L 000012430 P 127 Prior Ct£ # De~.d / Mortgage Instrument Deed / Mortgage Tax Stamp Re~ording / Filing Stamps Page / Filing F~e /~ Handling TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.RT.S.A. Comm. of Ed. Affidavit NYS Surcharge Dther ~eal Property r~ Service Agency Cerification Sub Total Grand Total 1000 07800 0700 005004 1000 07800 0700 005003 [ Satisfactions/Discharges/Releases List Property Oyers Mailing Address RECORD & RETURN TO. Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spex:./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property coverexl by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. // 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD DECLARATION OF COVENANTS AND RESTRICTIONS This DECLARATION is made and dated the Ill'day of November, 2005 by Mark Baxter and Jacqueline Baxeter,residing at 5805 Main Bayview Road, Southold, NY 11971. Herein referred to as the DECLARANT. WITNESSETH: WHEREAS, the DECLARANT is the owner of a certain real property situate on the northeasterly side of Main Bayview Road, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into two (2) Iota, as shown on the Subdivision Map of Mark Baxter prepared by Young & Young, Land Surveyors last dated January 18, 2004 which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and as a condition of said approval, said Planning Board h~s required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and b~s determined that the same will be for the best interests of the DECLARANT ans subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the sail lots within said subdivision map shall hereafter be subject to the following covenants and restrictions' as herein cited, which shall nm with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigm, to wit: 1) There shall be no further subdivision of Lots land 2. No lot lines shall be changed unless authorized by the Town Planning Board. No structure or sanitary disposal facility shall be constructed or otherwise located wiihln 100 feet of the top of the wetlands as designated on the subdivision map. 3) There shall be a 50' non-disturbed buffer adjacent to the wetland boundary on the subject premises as shown on the subdivision map approved by the Planning Board. 4) 5) Storm-water resulting from the development and improvement or use of Lots 1 and 2 of such subdivision map shall be retained and disposed of on site. No storm-water shall be discharged to public lands or waters. Prior to the commencement of any construction activity on lots 1 and 2 NYSDEC SPEDS General Permit must be secured and submitted. This declaration of covenants shall run with the land and shall be binding upon the owner and his distributees, executors, administrators, successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owners of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public heating. If any section, subsection, paragraph, clause, phrase or provision and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid or unconstitutional. The aforementioned Reslxictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold te enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be binding upon the Declarant N S .) · THI~ PLOT PLAN PEVELOPEP UTILIZlN~ AE~,IAL PNOTO¢~.APH¥, GONVENTIONAL ~tJt~.V~¥1N~ TEGHNI~2U~=~ AND ~EOOP4:~ PATA. FIRM ZONE AE (EL ~) UPLAND AREA = 1.1981 THE ~LE~ OF ~UFFOL~ OOUN~ ON NOV. 14, FILE NO. 114~4 50UN~IN~ A~ ~E~NOE~xTO ML~ (AL~ ,,/ l/ LEcEND ~ 0 TEST HOLE Young & Young Os~rander Avenue, BiverKead, Ne~ York 63 ~- 727-2303 Howard ~. Young, La~d S~eyor Tho~ C. Wolpe?~, ProfesSorial Engineer Robe~ C. T~t, Arokiteef Ro~ald E. P~I, La~eape Architect Do~l~ E. Ada~, Professorial Engineer 11901 HEALTH DEPARTMENT UCE ~U~.VE¥OR'~ CE~TIFIOATION NO. MARK t AX' t . LOT 2 "MA~K BAXTEr" At ~vl¢~, To~n oF ~outholcl ~u~olk. Govnf, g, N~ 'fork Count~ Tax f~ap District I000 Section -~ Block 0-~ Lot ~.~ DEO. 12,200~ JUNE20,200¢ -I0t~ NO. 200'~-02~q 121~¢:~. 2002_028f~_OO2_200'"LO29~f_l::~_~l~n_B_r9 I OF 4 N + 8.55 NEI, N POOL s4" I + 3.73 4o.,, >c:, ? EN~INt~ER'5 GtERTIF=IC, ATION 12' Young & Young 400 Ostrander Ave~ze, Biverheac~ New York 63 ~-727-2303 Howard ~. Young, Land Robert C. T~t, AreAitect Ronald E. P~ La. cape Arehlteet Do~gl~ E. Ada~, ~ofes~nal HEALTH DEPARTIvlENT USE omb 5URVE-"r'oR'5 GERTII= IC.,,ATI ON ~§ MARK. BAXI'ER LOT 2 "HARK. BAXTER" At BO~.lvl¢l% Town of 5ouf, holcl SuFfolk Gount~j, N~ Oount~ Tox f'4op District ]000 Section -~ Block O~ Lot 5.6 ~UILDi~ PL~MIT HAP PREPAREP DEG. 12, 200,5 OGT. ~, 200,~ JUNE 20, 200~ I~-D. Iq, 200~, OGT. 2&, 200'1 AU~. 8', 200'1 ,JOE~ NO. ~ '~ DI,,~,. 2002_02f~._OO2_2OO-i_O2~q_bp_plon_B_r5 2 OF 4 EXIST. ~"~ 5~t~N~,H "".. ; ', ·~ 0~ ~ ro~O~\~;0%~,~~ ". ~ ',. $/~o/¢~.~ x 'x.. 4' x ~2' ~.. O~N ~ "% (1~" ~ ~) 1.8 Young & Young 400 Ostra~der Avenue, R~verhead, New York ~90~ 631- 727-2303 Howard ~. Young, Land Su~eyor Thom~ C. ~olpert, ~ofes~onal Engi~er Robert C, T~t, Arehltect Ro~ald E. P~L Lan~eape Architect Do~l~ E. Ada~, Profes~o~al Engineer r 1,4AtR. K BAXTE LOT 2 "HARK BAXTER" Al, t~m~lVl~,~, T,omn ~ ~u','bh~l~ ~u~olk Oounf,~, N¢~ York Oountg Tox ~o~ Distrfct IOOO ~ct~o. ~ Block O~ Lot 5.~ ~ 20, 2OO,~ FEB. Iq, 2OO,~ O(.,T. 2~, 2OO'/ I~JAP PP~PAP~D /~)(~. ~,, 200-/ ~ NO. 2OO'/-O2~q Dl, q~. 2002_02~,¢~_O02-2001-02B~LI~-PIcn-B-r'5 ~' 0t= 4 I I Ground Level HOUSE PLAN5 FL.If~NI~HE~ BY C, LIENT MASTER BEDROOM #3 lt" X 14' j IF X Iff ~ FOYER #5 covEREb Second Floor --._- -- Third Floor MASER SUZTE ~1 Young & Yoz~ng 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard ~. Y~, Land Su~eyor T~m~ C. ~olperf, Professorial E~ineer Robert C. T~t, Architect Ro~ld E. Pf~L L~e~pe Architect Do~gt~ E. Ada~, ~ofes~al E~gineer SURVEY FOR LOT 2 "MARK BAXTER" At t~a~vle~, To~n oF 5outhold ~uffolk 6ounf.~, N¢~ York OOUm[~ T~X ~ District I000 Section ~ Block O~ Lot ~.& biO. 200'1-02Dq PW, E~. 2002_02&&_OO2_2OO't_O2~,'q_l=p_pIc~n_B_r5 ~EC.., I;2, 200~ ~C,T. ~, 200~ JUNE 20, 200¢ FEE~. Iq, 2ooe~ AU~. &, 200'/ 40F 4